Wrongful Death Attorney


Has a loved one died as the result of accident, malpractice or neglect?

If you suspect that a loved one died as a result of negligence, reckless behavior, or irresponsibility, a wrongful death attorney at Simms and Associates understands Alabama’s wrongful death statute and can help you file a claim.

It is critical that you contact an attorney promptly if you believe that you may have a wrongful death claim.  A wrongful death claim can only be filed by the personal representative of the decedent. This means that proceedings must be initiated in probate court to have a personal representative named before a lawsuit may be commenced.  The probate process can be time consuming, so it’s important to start early.  Your lawyer can also ensure that evidence is promptly gathered and preserved to maintain the integrity and availability of evidence at a trial.

If a loved one is involved in an accident that causes serious physical injury that may later result in death, timing is even more critical.  A lawsuit must be filed prior to death to preserve your right to damages other than the punitive damages available under the wrongful death statute.

The statute of limitations in Alabama for wrongful death lawsuits is 2 years. If a loved one died because of the negligence of an individual or company, it is important to call the wrongful death attorneys at the Birmingham, Alabama law offices of Simms and Associates, so attorneys can get you the compensation you deserve before it is too late.